Summary: We will not investigate Mr X’s complaint about the Council’s decision not to consider his complaint about its handling of his subject access request via its corporate complaints procedure. This is because there is insufficient evidence of fault by the Council to warrant an investigation. We will not consider the Council’s handling of Mr X’s subject access request because it is a data matter best considered and decided by the Information Commissioner’s Office.

The complaint

1. Mr X complains about the Council’s handling of his subject access request and its decision not to consider his complaint about it via its corporate complaints procedure.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about its handling of his subject access request.
7. The Council told Mr X it would not consider the matter via its corporate complaints procedure. It explained that, as set out in its corporate complaints policy, there are special procedures for investigating some complaints, including complaints about data protection and freedom of information matters. It told Mr X its Head of Information Security and Governance would respond to him directly on the issues raised.
8. We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider the matter via its corporate complaints procedure. The decision was made in line with the Council’s published corporate complaints policy and it clearly explained the reason for its decision to Mr X. The substantive complaint about the Council’s handling of his data request is best considered and decided by the Information Commissioner’s Office (ICO). It is the body set up to consider data matters such as this and is best placed to consider it.

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Final decision

9. We will not investigate Mr X’s complaint because there is no sign of fault in the Councils decision not to consider Mr X’s complaint via its corporate complaints procedure and the Council’s handling of his subject access request is best considered by the ICO.

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Investigator's decision on behalf of the Ombudsman